​The Delhi High Court recently declined to expunge observations made by a single judge concerning academic Ashok Swain’s allegedly objectionable tweets. Swain, a professor at Uppsala University in Sweden, had challenged the cancellation of his Overseas Citizenship of India (OCI) card, which was revoked by the central government on the grounds of his purported involvement in anti-India activities through inflammatory speeches and writings.

In his plea, Swain contended that the cancellation was arbitrary and lacked a reasoned explanation. He argued that, as a scholar, critiquing government policies is within his academic role and does not constitute anti-India activities. The High Court, while hearing the matter, observed that the Centre’s decision was “hardly an order” and directed the government to issue a detailed, reasoned order within three weeks, outlining the specific reasons for the cancellation under the Citizenship Act, 1955.

This case underscores the delicate balance between national security considerations and the protection of academic freedom and free speech. It also highlights the judiciary’s role in ensuring that executive actions are accompanied by adequate reasoning and adhere to principles of natural justice.

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